THE

LAW OF PATENTS

FOR

USEFUL INVENTIONS.

BY

WILLIAM C. ROBINSON, LL.D.,

"

PROFESSOR OF LAW IN YALE UNIVERSITY.

IN THREE VOLUMES.

VOL. III.

Felix qui potuit rerum cognoscere causas. — -VIRG. Georg. ii. 490.

BOSTON:

LITTLE, BROWN, AND COMPANY.

Copyright, 1890,
BY WILLIAM C. ROBINSON,

UNIVERSITY PRESS:
JOHN WILSON AND SON, CAMBRIDGE.

TABLE OF CONTENTS.

VOLUME III.

BOOK IV.

OF WRONGS AND REMEDIES.

§ 846. Laws for the Protection and Vindication of the Rights of Owners

of Patented Inventions Liberally Construed and Applied . . .

847. Protection of the Rights of an Inventor in his Unpatented In-

848. Protection of the Rights of an Inventor in his Patented Invention

849. Protection of the Contract Rights of the Inventor and his Trans-

ferees.

7

7

850. Protection of the Contract Rights of Assignors and Assignees

851. Protection of the Contract Rights of Licensors and Licensees

852. General Division of the Subject of Wrongs and Remedies

853. Remedies for Certain Wrongs Afforded by Federal Courts: for

Other Wrongs by State Courts: this Distinction Preliminary

CHAPTER I.

OF THE JURISDICTION OF THE FEDERAL AND STATE

COURTS OVER ACTIONS WHICH RELATE TO PAT-

ENTED INVENTIONS.

$854. Federal Jurisdiction where Parties are Citizens of Different States:

this Jurisdiction not Exclusive

9

855. Federal Jurisdiction Exclusive over all Cases Arising under the

Patent Laws. . .

9

856. Cases Arising under the Patent Laws are Cases Affecting the

Monopoly Created by such Laws.

10

857. Three Classes of Cases Affect the Monopoly

12

858.

Controversies Collateral to Cases not Embraced in one of these

Three Classes are not Cases Affecting the Monopoly

859. An Action to Repeal a Patent is a Case Affecting the Monopoly . 15

14

M299852

§ 860. An Action to Annul an Interfering Patent is a Case Affecting the

Monopoly..

861. An Action for Infringement is a Case Affecting the Monopoly . .

862. Cases Affecting the Monopoly are within the Exclusive Jurisdiction

of the Federal Courts though Involving Collateral Controversies

not Arising under the Patent Laws

863. Cases Affecting the Monopoly not Brought within the Jurisdiction

of State Courts by Consent of Parties.

864. Actions for Breach of Contract, or for Tort to the Patented Article,

are not Cases Affecting the Monopoly

865. Actions for Breach of Contract, and for Torts to the Patented

Article, are within the Jurisdiction of State Courts.

866. Original Jurisdiction over Cases Arising under the Patent Laws

is Vested in the Circuit Courts, and other Courts having Circuit

Court Powers

CHAPTER II.

OF WRONGS AGAINST UNPATENTED INVENTIONS.

§ 867. The Right of an Inventor to Preserve the Secret of his Invention

Rests on Natural Law

868. Forcible or Fraudulent Discovery of a Secret Invention Violates

the Inventor's Rights

869. Remedies for the Forcible or Fraudulent Discovery of the In-

ventor's Secret . .

27

870. The Right of an Inventor to the Preservation of his Secret by

those to whom he has Confidentially Communicated it.

871. The Disclosure or Misuse of an Inventor's Secret by those to

whom it was Confidentially Communicated is a Breach of Trust

and Actionable . .

872.

873.

Remedies for the Disclosure or Misuse of the Inventor's Secret

The Right of an Inventor to his Secret Protected though the

Secret Invention is not Patentable

874. The Right of an Inventor to his Unpatented Invention Forfeited

by its Unrestricted Disclosure to Others unless Protected by

Statute..

875. The Right of an Inventor to his Unpatented Invention, notwith-

standing its Unrestricted Disclosure to Others, Protected by

Statute during, and for Two years Prior to, his Application for

a Patent

31

876. Three Views of the Inventor's Right to his Disclosed Invention,

under this Statute, During and Prior to his Application for a

Patent

-

877. First View, - Temporary Abandonment and Resumption, Un-
tenable.

-

878. Second View, - that Violations of this Right are Infringements

for which an Action will lie after the Patent is Granted,

Objectionable